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REGULATIONS 



RELATING TO 



BOUNTY LAND, 



WITH STATUTES. 



ISSUED BY 



THE COMMISSIONER "OF PENSIONS. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1871. 



REGULATIONS 



RELATING TO 



BOUNTY LAND, 



WITH STATUTES. 



ISSUED BY 



THE COMMISSIONER OF PENSIONS. 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1871. 



o 



Department of Interior, 

Pension Office, July 15, 1871. 
A strict compliance with the full instructions herein, in all applica- 
tions now pending, or which may hereafter be made, will generally com- 
plete a claim, and render further correspondence with the office unne- 
cessary. It is desirable that all the evidence required should, whenever 
practicable, accompany the original application. 

J. H. BAKEE, 
Commissioner of Pensions. 



INSTRUCTIONS. 



CLASSES OF PERSONS ENTITLED TO BOUNTY LAND. 

LOYALTY ESSENTIAL IN ALL CASES. 

1. The acts of Congress now in force granting bounty land entitle each 
of the surviving persons in the following classes to a certificate or war- 
rant for such quantity of land as shall make, in the whole, with what 
he may have heretofore received, one hundred and sixty acres, provided 
he shall have served a period of not less than fourteen days, to wit : 

1. Commissioned and non-commissioned officers, musicians, and pri- 
vates, whether of the regulars, volunteers, rangers, or militia, who 
were regularly mustered into the service of the United States in any 
of the wars in which this country has been engaged since 1790. 

II. Commissioned and non-commissioned officers, seamen, ordinary 
seamen, flotilla men, marines, clerks, aiid landsmen in the Navy in any 
of said wars. 

III. Militia, volunteers, and State troops of any State or Territory 
called into military service, and regularly mustered therein, and whose 
services have been paid by the United States. 

IV. Wagonmasters and teamsters who have been employed under the 
direction of competent authority, in time of war, in the transportation 
of military stores and supplies. 

Y. Officers and soldiers of the revolutionary war, and marines, sea- 
men, and other persons in the naval service of the United States during 
that war. 

VI. Chaplains who served with the Army in the several wars of this 
country. 

VII. Volunteers who served with the armed forces of the United States 
in any of the wars mentioned, subject to military orders, whether regu- 
larly mustered into the service of the United States or not. 

2. Each of the surviving persons in the following classes are entitled 
to a like certificate for a like quantity of land, without regard to the 
length of service, provided he was regularly mustered into service, to 
wit: 

I. Officers and soldiers who have been actually engaged in any bat- 
tle in any of the wars in which this country has been engaged prior to 
the war of the rebellion. 

II. Those volunteers who served at the invasion of Piatt sburg, in 
September, 1814. 

,111. The volunteers who served at the battle of King's Mountain, in 
the revolutionary war. 

IV. The volunteers who served at the battle of Nickojack against the 
confederated savages of the South. 

V. The volunteers who served at the attack on Lewistown, in Dela- 
ware, by the British fleet, in the Avar of 1812. 



3. In addition to these classes, these acts also extend to all Indians who 
have served the United States in any of their wars prior to the war of 
the rebellion, the provisions of this and all the bounty land laws here- 
tofore passed, in the same manner, and to the same extent, as if said 
Indians had been white men. 

4. Where the service has been rendered by a substitute, he is the person 
entitled to the benefit of these acts, and not his employer. 

5- In the event of the death of any person who, if living, would be 
entitled to a certificate or warrant as aforesaid, leaving a widow, or, if 
no widow, a minor child or children, such widow, or, if no widow, such 
minor child or children, is entitled to a certificate or warrant for the 
same quantity of land such deceased persons would be entitled to re- 
ceive under the provisions of said acts if now living. 

6. A subsequent marriage will not impair the right of any such widow 
to such warrant if she be a widow at the time of her application. Per- 
sons within the age of twenty-one years on the 3d day of March, 1855, 
are deemed minors within the intent and meaning of said acts. 

APPLICATIONS AND EVIDENCE. 

7. To obtain the benefits of these acts, the claimant must make a declar- 
ation, under oath, substantially according to the forms hereto annexed. 
The signature of the applicant must be attested, and his or her personal 
identity established by the affidavits of two witnesses, whose residences 
must be given, and whose credibility must be sustained by the certifi- 
cate of the magistrate before whom the application is verified. 

8. The best evidence of identity is the affidavit of the witnesses, or the 
certificate of the magistrate to the same, as a matter within their per- 
sonal knowledge. Statements of belief merely will not be sufficient. 
If, however, the witnesses or magistrate cannot state from personal 
knowledge, statements of belief, ivith the grounds of such belief will be 
received. If from acquaintance, the particulars of the acquaintance 
should be stated, so that it may be seen how far they warrant the belief 
stated. So, if from other grounds. 

9. The accompanying forms are the proper ones where the identity of 
the applicant is within the personal knowledge of the magistrate. They 
can be varied according to the circumstances, but must be in conformity 
with the foregoing instructions. 

10. No certificate will be deemed sufficient in any case unless the facts 
are certified to be within the personal knowledge of the magistrate or 
other officer who shall sign the certificate, or the names and places of 
residence of the witnesses by whom the facts are established be given, 
and their affidavits, properly authenticated, be appended to the cer- 
tificate. 

11. All papers necessary to be verified by oath must be sworn to before, 
and certified and authenticated by, proper public officers who have no 
interest in the result of the case, and are not concerned in its prosecu- 



tion ; and every such public officer must set forth iu his certificate that 
he is not so interested or concerned. 

12. The official character and signature of the magistrate who may 
administer the oath must be certified by the clerk of the proper court of 
record of his county, under the seal of the court. Whenever the cer- 
tificate of the officer who authenticates the signature of the magistrate 
is not written on the same sheet of paper which contains the signature 
to be authenticated, the certificate must be attached to said paper by a 
piece of tape or ribbon, the ends of which must pass under the official 
seal, so as to prevent any paper from being improperly attached to the 
certificate. 

13. When the commission of a notary public, or a certified copy of his 
appointment, with his official seal and signature attached, and the cer- 
tificate of the clerk of a court of the genuineness of his signature, is 
filed in this office, his own certificate, under his official seal, will be 
recognized thereafter during his term of office; but, in the absence of 
said commission or certified copy of his appointment, an affidavit taken 
before such officer will not be received in any case, unless it be accom- 
panied by a certificate of the proper officer showing his authority and 
the genuineness of his signature. 

14. To all official certificates by a notary public of whose appointment 
general proof has been filed as above suggested, should be added a brief 
reference to such proof on file, so as to insure against its being over- 
looked. 

15. Apx>lications by widows must be supported by satisfactory proof of 
the marriage of the claimant to the soldier on account of whose services 
her claim is made ; of his death ; and that the claimant, at the time of 
making her application, was a widow — i. e., unmarried. 

16. If the marriage was in any State or county where any public records 
of marriages are kept, it should be proved by a duly certified copy of the 
record ; or, if there is no such record, by the testimony of credible wit- 
nesses who were present at the marriage; and where such testimony 
exists, and is not produced, satisfactory reasons must be stated under 
oath why it is not produced. If it is shown by affidavit that no record 
evidence or testimony of eye-witnesses can be procured, the claimant may 
then produce the best other evidence in her power ; such as the testi- 
mony of witnesses who were acquainted with her and her husband during 
his lifetime ; knew them to live together as man and wife, and that they 
were reputed so to be; and that the fact of their having been married 
was never called in question by their acquaintances. 

17. In no case will the mere statement of the witnesses that the claimant 
is the widow of the deceased be taken as evidence of the marriage ; but 
the witnesses must state the facts and circumstances from which they 
derive their knowledge or opinion that she is the widow of the de- 
ceased. 

18. Witnesses to prove the death of the soldier must state their means 



of knowledge concerning it, and, as nearly as they can, the time and 
place of its occurrence. 

19. The evidence to prove the existing widowhood of the claimant must 
be direct, and the statement of witnesses that the claimant is the party 
she represents herself to be will not be received as satisfactory proof of 
widowhood. 

20. Applications in behalf of minors should be made in their names by 
their guardian or next friend. Where there are several minors entitled 
to the same gratuity, one may make the declaration. The warrant will 
be issued to all jointly. In addition to proof of service, as in other 
cases, applications by minors must be supported by satisfactory proof 
of their being the lawful children of the soldier on account of whose 
services their claim is made ; of his death ; of there being no widow 
surviving at the time of making their application ; of their ages ; and 
that they are the only surviving children of the deceased soldier who 
were under the age of twenty-one years on the 3d day of March, 1855. 

21. General reputation among those acquainted with the family as to 
the legitimacy of the children of the deceased soldier, w r ill be received 
as evidence of their being such. 

22. The suggestions before made in relation to proof of the death of 
the soldier, in cases of applications by widows, apply also to applications 
by minor children. 

23. If there is any public record of the births of the children, a certifi- 
cate of the same, properly authenticated, must be furnished. If there 
be none such, but a private or family record, it must be forwarded to 
this office for inspection, with proof of its authenticity. It will be duly 
returned to the parties, if desired. But if no public or private record 
of the births exists nor can be produced, that fact must be shown by 
proper affidavit, and then other evidence will be received. Witnesses 
to prove the ages must state particularly their means of knowledge 
concerning them, and how they now fix the same. To avoid mistake, 
the names and ages of all the surviving children of the deceased soldier 
should be shown by proper proof, so that this office may determine who 
of them are entitled to the land. 

24. If a party die before applying for bounty land to which he w 7 ould 
be entitled, if living, the right thereto dies w r ith him. If the claimant 
die after the issue of the warrant, the title thereto vests in his heirs-at- 
law in the same manner as real estate in the place of the domicile of the 
deceased, and can only be assigned or located by said heirs. 

25. Applications made by Indians must be authenticated according 
to the regulations to be prescribed by the Commissioner of Indian 
Affairs. 

26. If record evidence of the service on account of wilich a claim is 
made exists, it must be produced. But if there be none, parol evidence 
will be received instead. In such cases the positive testimony of at least 
two witnesses w 7 ho w T ere in the same service, or in a situation to know 



the facts about which they testify, will be required to establish the ser- 
vice alleged. And the witnesses in their affidavits must state particu- 
larly the facts and circumstances of the service claimed, and their means 
of knowledge concerning the same. 

27. In no case will parol evidence be admitted to vary or discredit the 
length of any service shown by the rolls. 

28. When claim is made for any allowance on account of mileage not 
shown by the rolls, a declaration must be made stating the place where 
the company or corps in which, service is alleged was organized, where 
it was mustered into the service of the United States, the distance be- 
tween those two places, and by whose order the march was made. 
Also, the place where it was discharged from service, and the distance 
from thence to the place where it was organized. This statement must 
be supported by testimony of witnesses or other proper £>roof. 

29. In all claims under these acts, reference may be made to any evi- 
dence on file in this office, but in all such references care must be taken 
to give a particular description of the case in which such evidence is. 

30. All additional evidence should be distinctly noted as such, with a 
particular description of the claim to which it relates. 

31. If any person entitled to a land warrant shall die while an applica- 
tion for such warrant is pending, and after conviction of his claim, the 
warrant will issue in his name, and the title thereto vest in the widow ; 
but if there be no widow, in his heirs or legatees. 

32. If any party entitled to a land warrant die before completion of 
the claim, it may be completed by the legal representatives of the said 
party. 

33. In cases of contest, the claims of the several parties will be sus- 
pended without prejudice until the contest is settled. 

31. Upon the envelope of all correspondence relating to claims already 
on file should be indorsed the words "Additional evidence in bounty land 
claim, Xo. — ," the name and residence of the applicants, and the name 
of the person, if deceased, on account of whose death the claim is made. 

35. Where any evidence is already on'file in any Department of the 
Government, a definite description or a specific reference to it will render 
it available in any subsequent claim. 

36. X either the original nor a copy of any essential paper filed in a 
claim before this office can be furnished except upon the call of an officer 
of the Government, or of a court in which it is required for purposes of 
litigation ; but, in cases where the office deems it proper, papers filed 
will be returned for correction of informalities. 

37. Xo information will be furnished from the military rolls relative to 
the service of those in whose right claims are supposed to exist, and no 
opinion will be given as to the title of parties to bounty land until their 
claims are properly before the office. 

38. Information relating to the assignment and location of warrants 
should be sought at the General Land Office. 



8 

39. Information as to the rules and regulations of this office concerning 
the reissue of land warrants will be furnished in response to applica- 
tions in each case respectively. 

40. By provisions of an act of Congress approved July 17, 1862, no claim 
agent can be recognized as an attorney before this office until he shall 
have sworn to the following oath, before a justice of the peace or other 
officer who is legally authorized to administer oaths for general pur- 
poses, and whose official character must be duly authenticated. Such 
oath should be transmitted to this office by itself : 

" I, , do solemnly that I will support, protect, and 

defend the Constitution and Government of the United States against 
all enemies, whether domestic or foreign, and that I will bear true faith, 
allegiance, and loyalty to the same, any ordinance, resolution, or law of 
any State, convention, or legislature to the contrary notwithstanding ; 
and further, that I do this with a full determination, pledge, and pur- 
pose, without any mental reservation or evasion whatsoever; and fur- 
ther, that I will faithfully perforin all the duties which may be required 
of me by law : so help me God.-' 

41. The substitution by claimants of attorneys for others already em- 
powered and recognized by this office will not be acknowledged, unless 
good and sufficient reasons are given for said substitution. 

42. Transfers of claims by attorneys empowered to act in said claims to 
others will not be acknowledged, unless accompanied with a list of said 
claims, by name, (and, whenever practicable, by number,) and then only 
when the power of attorney of the party making the transfer embraces 
a power of substitution. 

43. The post office address (naming street and number in all large 
cities) of the applicant, attorney, and witnesses, should be embodied in 
or accompany every application and all evidence in each claim ; and 
each change of residence of said parties, while communicating with the 
Pension Office or the pension agents, should be furnished. 



FORMS. 

FORM OF A DECLABATION 

To be made by a person who has never before had a land warrant, nor made 

a declaration therefor. 

State of — -, County of , ss : 

On this day of , A. D. one thousand eight hundred and 

5 personally appeared before me, a justice of the peace (or other 

officer authorized to administer oaths for general purposes) within and for 
the county and State aforesaid, , aged years, a resi- 
dent of , in the State of , who, being duly sworn according 

to law, declares that he is the identical — — who was a in the 



9 

company* commanded by Captain , in the regiment of 

, commanded by — , in the war with Great Britain, declared 

by the United States on the 18th day of June, 1812, (or other tear em- 
braced in said act, describing what war ;) that he enlisted (or volunteered, 

or was drafted) at — , on or about the day of , A. D. 

, for the term of , and continued in actual service in said war 

for the term of fourteen days, and was honorably discharged at , 

on the day of , A. D. .t 

He makes this declaration for the purpose of obtaining the bounty 
land to which he may be entitled under the act approved March 3, 
1855. He also declares that he has not received a warrant for bounty^ 
land under this or any other act of Congress, nor made any other appli- 
cation therefor. 

(Sig nature of the claimant.) 



We, , and , residents of , in the State of , 

upon our oaths declare that the foregoing declaration was signed and 

acknowledged by , in our presence, and that we believe, from 

the appearance and statements of the applicant, that he is the identical 
person he represents himself to be. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn to and subscribed 
before me on the day and year above written ; and I certify that I know 
the affiants to be credible persons; that the claimant is the person he 
represents himself to be, and that I have no interest in this claim. 

,J.P. 



FOBM OP A DECLAEATIO]S 

To be made teller e the party lias had a warrant and desires another. 
State of , County of ; 



On this day of , A. D. one thousand eight hundred and 

personally appeared before me, a justice of the peace (or 



other officer authorized to administer oaths for general purposes) within 

and for the county and State aforesaid, , aged years, 

a resident of , in the State of , who, being duly sworn ac- 
cording to law, declares that he is the identical who was a 

in the company commanded by Captain , in the 

* If the claimant was a regimental or staff officer,, the declaration must he varied ac- 
cording to the facts of the case. 

t If the claimant was discharged iu consequence of disability incurred by the service, 
or if he was in captivity with the enemy, he must vary his declaration so as to set forth 
the facts of the case. 



10 

regiment of , commanded by , in the war with 

Great Britain, declared by the United States on the 18th day of June, 

1812, (or other war, as the case may be,) for the term of , and 

continued in actual service in said war for fourteen days; that he has 
heretofore made application for bounty land untler the act of September 
28, 1850, (or other act, as the case may be,) and received a land warrant, 

2so. , for acres. 

He makes this declaration for the purpose of obtaining the additional 
bounty land to which he may be entitled under the act approved the 3d 
day of March, 1855. He also declares that he has never applied for nor 
received, under this or any other act of Congress, any bounty land war- 
rant except the one above mentioned. 

(Signature of the claimant.) 



We, and , residents of , in the State of - 



upon our oaths declare that the foregoing declaration was signed and 

acknowledged by in our presence, and that we believe, from 

the appearance and statements of the applicant, that he is the ident- 
ical person he represents himself to be. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn to and subscribed 
before me on the day and year above written ; and I certify that I know 
the affiants to be credible persons: that the claimant is the person he 
represents himself to be. -and that I have no interest in this claim. 

, J. P. 



FOEM OF DECLAEATIOX 

To be made by the widow of a deceased person who lias not liad a land 

warrant . 

State of , County of , ss : 

On this day of , A. D. one thousand eight hundred and 

, personally appeared before me, a justice of the peace (or other 

officer authorized to administer oaths for general purposes) within and for 

the county and State aforesaid, , aged years, a resident 

of , in the State of , who, being duly sworn according to 

law, declares that she is the widow of , deceased, who was 

a in the company commanded by Captain , in the 

regiment of , commanded by , in the 

war with Great Britain, declared by the United States on the 18th day 
of June, 1812, (or other war, as the case many be ;) that her said hus- 



11 

band enlisted (or volunteered, or was drafted) at , on or about 

the day of , A. D. , for the term of , and con- 
tinued in actual service in said war for the term of , and was hon- 
orably discharged at , on the day , A. D. . 

She further states that she was married to the said , in 

, on the day of , A. D. , by one , a 

, and that her name before her said marriage was ; 

that her said husband died at on the day of , A. D. 

, and that she is now a widow.* 

She makes this declaration for the purpose of obtaining the bounty 
land to which she may be entitled under the u act approved March 3, 
1855." And she further declares that she has not received or applied 
for bounty land under this or any other act of Congress. 

(Claimant's signature.) 



We, and , residents of , in the State of 

, upon our oaths declare that the foregoing declaration was signed 

and acknowledged by in our presence, and that we believe, 

from the appearance and statements of the applicant, that she is the 
identical person she represents herself to be ? and is still a widow. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn to and subscribed 
before me on the day and year above written ; and I certify that I know 
the affiants to be credible persons; that the claimant is the person she 
represents herself to be, and is still a widow; and that I have no interest 
in this claim. 

, j. p. 

Tsote. — The preceding forms may be used for applications for minors, mutatis mu- 
tandis. 



FOKM OF DECLAEATIOX 

To be made by the widow of a deceased person who has had a land warrant 

and desires another. 

State of , Comity of , ss : 

On this day of , A. D. one thousand eight hundred and 

-, personally appeared before me, a justice of the peace (or other 



officer authorized to administer oaths for general purposes) within and 

* The notes to the preceding declaration are also applicable to this. In some cases it 
will, perhaps, be impossible for the widow to state the facts in relation to her hus- 
band's services with the particularity as to dates, &c, indicated by the alcove form. 
In such case she must state such facts as she can. 



12 

for the county and State aforesaid, , aged years, a 

resident of ? in the State of , who being duly sworn accord- 
ing to law, declares that- she is the widow of , deceased, 

who was a in the company commanded by Captain , 

in the regiment of , commanded by , in the 

war with Great Britain, declared by the United States on the 18th day 
of June, 1812, (or other war, as the case may be ;) that her said husband 

enlisted (or volunteered, or was drafted) at , on or about the 

of , A. D. , for the term of , and continued in actual 

service in said war for the term of , and was honorably discharged 

at , ou the day of , A. D. . 

She further states that she was married to the said , in 

, on the day of — , A. D. , by one , a 

, and that her name before her said marriage was : ; 

that her said husband died at on the day of , A. D. 

, and that she is now a widow. 

She further declares that she has heretofore made application for 
bounty land under the act approved September 28, 1850, (or other act, 
as the case may be,) and obtained a land warrant for acres, Xo. 



She makes this declaration for the purpose of obtaining the bounty 
land to which she may be entitled under the " act approved March 3, 
1855." And she further declares that she has not received or applied 
for bounty land under this or any other act .of Congress except as above 
mentioned. 

(Claimant's signature.) 



We, and , residents of , in the State of 

, upon our oaths declare that the foregoing declaration was signed 

and acknowledged by in our presence, and that we believe, 

from the appearance and statements of the applicant, that she is the 
identical person she represents herself to be, and is still a widow. 

(Signature of witnesses,) 



The foregoing declaration and affidavit were sworn to and subscribed 
before me on the day and year above written ; and I certify that I know 
the affiants to be credible persons ; that the claimant is the person she 
represents herself to be, and is still a widow ; and that I have no interest 
in this claim. 

,J.R 



13 

LAWS. 

The ninth section of the act of February 11, 1847, entitled "An act to raise for a limited 
time an additional military force, and for other purposes," grants bounty land to the 
soldiers of the Mexican war and their heirs. 

Section 9. And be it further enacted, That each non-commissioned 
officer, musician, or private, enlisted, or to be enlisted in the regular 
Army, or regularly mustered in any volunteer company, for a period of 
not less than twelve months, who has served or may serve during the 
present war with Mexico, and who shall receive an honorable discharge, 
or who shall have been killed, or died of wounds received, or sickness 
incurred in the course of such service, or who shall have been discharged 
before the expiration of his term of service in consequence of wounds 
received or sickness incurred in the course of such service, shall be 
eutitlecl to receive a certificate or warrant from the War Department 
for the quantity of one hundred and sixty acres, and w^hich may be 
located by the warrantee, or his heirs-at-law, at any land office of the 
United States, in one body, and in conformity to the legal subdivisions 
of the public lands, upon any of the public lands in such district then 
subject to private entry;. and upon, the return of such certificate or 
warrant, with evidence of the location thereof having been legally made 
to the General Land Office, a patent shall be issued therefor; that in 
the event of the death of any such non-commissioned officer, musician, 
or private, during service, or after his discharge, and before the issuing 
of a certificate or warrant as aforesaid, the said certificate or warrant 
shall be issued in favor and inure to the benefit of his family or rela- 
tives according to the following rules : first, to the widow and to his 
children ; second, his father ; third, his mother ; and in the event of 
his children being minors, then the legally constituted guardian of such 
minor children shall, in conjunction with such of the children, if any, 
as may be of full age, upon being duly authorized by the orphans' or 
other court having probate jurisdiction, have power to sell and dispose 
of such certificate or warrant for the benefit of those interested. And 
all sales, mortgages, powers, or other instruments of writing going to 
affect the title or claim to any such bounty right, made or executed prior 
to the issue of such warrant or certificate, shall be null and void to all 
intents and purposes whatsoever; nor shall such claim to bounty right 
be in anywise affected by, or charged with, or subject to, the payment 
of any debt or claim incurred by the soldier prior to the issuing of such 
certificate or warrant : Provided, That no land warrant issued under 
the provisions of this act shall be laid upon any lands of the United 
States to which there shall be a preemption right, or upon which there 
shall be an actual settlement and cultivation: Provided further, That 
every such non-commissioned officer, musician, and private who maybe 
entitled under the provisions of this act to receive a certificate or war- 
rant for one hundred and sixty acres of land, shall be allowed the option 



14 

to receive such certificate or warrant, or a treasury scrip for one hun- 
dred dollars ; and such scrip, whenever it is preferred, shall be issued 
by the Secretary of the Treasury to such person or persons as would be 
authorized to receive such certificates or warrants for lands; said scrip 
to bear an interest of six per cent, per annum, payable seini-anually, 
redeemable at the pleasure of the Government. And that each private, 
non-commissioned officer, and musician, who shall have been received 
into the service of the United States since the commencement of the 
war with Mexico for less than twelve months, and shall have served for 
such term, or until honorably discharged, shall be entitled to receive a 
warrant for forty acres of land, which may be subject to private entry, 
or twenty-five dollars in scrip if preferred; and in the event of the 
death of such volunteer during his term of service, or after an honora- 
ble discharge, but before the passage of this act, then the warrant for 
such land or scrip shall issue to the wife, child, or children, if there be 
any, and if none, then to the father, and if there be no father, then to 
the mother of such deceased volunteer: Provided, That nothing con- 
tained in this section shall be so construed as to give bounty lands to 
such volunteers as were accepted into service and discharged without 
being marched to the seat of war. 

Approved February 11, 1817. 

[The last foregoing proviso is repealed by section 1, act of March 22, 
1852.] 



JOIXT RESOLUTION relative to the evidence which shall he considered satisfactory 

in applications for hounty land. 

Be it resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in all cases of application 
for bounty land warrants under the act approved February eleventh, 
eighteen hundred and forty-seven, the honorable discharge of the appli- 
cant, showing the same was predicated on a surgeon's certificate of 
disability, shall be considered as satisfactory evidence to the Commis- 
sioner of Pensions that the disability was incurred in the course of 
service. 

Approved March 21, 1818. 



f 



Act of May 27, 1848, extends the heneiits of act of February 11, 1847, to brothers and 
sisters ; and declares that promotion during term of engagement as private does 
not work forfeiture of title under said act. 

Be it enacted by the Senate and Souse of Representatives of the United 
States of America in Congress assembled, That the term " relatives," 
as used in the ninth section of the act entitled "An act to raise, for 
a limited time, an additional military force, and for other purposes," 



15 

approved eleventh of February, eighteen hundred and forty-seven, shall 
be considered as extending to the brothers and sisters of those persons 
whose services, under that act, may have entitled them to the land 
therein provided ; the order or priority of right, however, shall remain 
as declared in that act ; and those failing, the right shall accrue, fourthly, 
to the brother or sister, or in ecpial proportions to the brothers and sis- 
ters, of the deceased, as the case may be. 

Sec. 2. And belt further enacted, That the benefits of the said act of 
the eleventh of February, eighteen hundred and forty-seven, shall not 
be construed as forfeited by the privates and non-commissioned officers 
who have been, or may be, promoted to the grade of commissioned offi- 
cers during their service in Mexico, and who shall have subsequently 
fulfilled the condition of their engagements : Provided, Such promotion 
shall have been made subsequent to the original organization of the 
company, corps, or regiment to which such privates and non-commis- 
sioned officers may have belonged. 

Approved May 27, 1848. 



JOIXT KESOLUTIOX concerning certain portions of the marine and ordnance corps. 
Resolved by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the officers, non-commissioned 
officers, privates, and musicians of the marine corps, who have served 
with the Army in the war with Mexico, and also the artificers and labor- 
ers of the ordnance corps serving in said war, be placed, in all respects, 
as to bounty land, and other remuneration, in addition to ordinary pay, 
on a footing with the officers, non-commissioned officers, privates, and 
musicians of the Army: Provided, That this remuneration shall be in 
lieu of prize money and all other extra allowances. 
Approved August 10, 1848. 



AX ACT granting bounty land to certain officers and soldiers vrho have been engaged 
in the military service of the United States. 

Be it enacted by the Senate and Rouse of Representatives of the United 
States of America in Congress assembled, That each of the surviving, or the 
widow, or minor children of deceased commissioned and non-commis- 
sioned officers, musicians, or privates, whether of regulars, volunteers, 
rangers, or militia, who performed military service in any regiment, 
company, or detachment in the service of the United States, in the war 
with Great Britain, declared b}' the United States on the eighteenth 
day of June, eighteen hundred and twelve, or in any of the Indian wars 
since seventeen hundred and ninety, and each of the commissioned offi- 
cers who were engaged in the military service of the United States in 
the late war with Mexico, shall be entitled to lands as follows : Those 



16 

who engaged to serve twelve months or during the war, and actually 
served nine months, shall receive one hundred and sixty acres, and 
those who engaged to serve six months, and actually served four months, 
shall receive eighty acres, and those who engaged to serve for any or an 
indefinite period, and actually served one month, shall receive forty 
acres : Provided, That wherever any officer or soldier was honorably 
discharged in consequence of disability in the service, before the expi- 
ration of his period of service, he shall receive the amount to which .he 
would have been entitled if he had served the full period for which he 
had engaged to serve : Provided, The person so having been in service 
shall not receive said land, or any part thereof, if it shall appear, by the 
muster-rolls of his regiment or corps, that he deserted, or was dishon- 
orably discharged from service, or if he has received, or is entitled to, 
any military-land bounty under any act of Congress heretofore passed. 

Sec. 2. And be it further enacted, That the period during which any 
officer or soldier may have remained in captivity with the enemy shall 
be estimated and added to the period of his actual service, and the per- 
son so detained in captivity shall receive land under the provisions of 
this act in the same manner that he would be entitled in case he had 
entered the service for the whole term made up by the addition of the 
time of his captivity, and had served during such time. 

Sec. 3. And be it further enacted, That each commissioned and non- 
commissioned officer, musician, or private, for whom pro vision is made 
by the first section hereof, shall receive a certificate or warrant from the 
Department of the Interior for the quantity of land to which he may 
be entitled, and which may be located by the warrantee or his heirs-at- 
law, at any land office of the United States, in one body, and in con- 
formity to the legal subdivisions of the public lands, upon any of the 
public lands in such district then subject to private entry ; and upon 
the return of such certificate or warrant, with evidence of the location 
thereof having been legally made to the General Land Office, a patent 
shall be issued therefor. In the event of the death of any commissioned 
or non-commissioned officer, musician, or private prior or subsequent to 
the passage of this act, who shall have served as aforesaid, and who 
shall not have received bounty land for said services, a like certificate or 
warrant shall be issued in favor, and inure to the benefit of his widow, 
who shall receive one hundred and sixty acres of land in case her hus- 
band was killed in battle, but not to her heirs : Provided, She is unmar- 
ried at the date of her application : Provided further, That no land war- 
rant issued under the provisions of this act shall be laid upon any land 
of the United States to which there shall be a preemption right, or upon 
which there shall be an actual settlement and cultivation, except with 
the consent of such settler, to be satisfactorily proven to the proper 
land officer. 

Sec. 4. And be it further enacted, That all sales, mortgages, letters of 
attorney, or other instruments of writing, going to affect the title or 



17 

claim to any warrant or certificate issued, or to be issued, or any land 
granted, or to be granted, under the provisions of this act, made or exe- 
cuted prior to the issue, shall be null and void to all intents and pur- 
poses whatsoever ; nor shall such certificate or warrant, or the land ob- 
tained thereby, be in any wise affected by, or charged with, or subject 
to, the payment of any debt or claim incurred by such officer or soldier, 
prior to the issuing of the patent: Provided, That the benefits of this 
act shall not accrue to any person who is a member of the present Con- 
gress: Provided further, That it shall be the duty of the Commissioner 
of the General Land Office, under such regulations as may be prescribed 
by the Secretary of the Interior, to cause to be located, free of expense, 
any warrant which the holder may transmit to the General Land Office 
for that purpose, in such State and land district as the said holder or 
warrantee may designate, and upon good farming land, so far as the 
same can be ascertained from the maps, plats, and field notes of the sur- 
veyor, or from any other information in the possession of the local office, 
and, upon the location being made as aforesaid, the Secretary shall cause 
a patent to be transmitted to such warrantee: And provided further, 
That no patent issued under this act shall be delivered upon any power 
of attorney or agreement elated before the passage of this act, and that 
all such powers of attorney or agreements be considered and treated as 
null and void. 
Approved September 28, 1850. 



AN ACT making land warrants assignable, and for other purposes. 
# # # • # # ## ##### 

Sec. 4. And be it further enacted:, That in all cases where the militia 
or volunteers, or State troops of any State or Territory were called into 
military service, and whose services have been paid by the United States 
subsequent to the eighteenth of June, eighteen hundred and twelve, 
the officers and soldiers of such militia, volunteers, or troops, shall be 
entitled to all the benefits of the act entitled " An act granting bounty 
land to certain officers and soldiers who have been engaged in the mili- 
tary service of the United States/' approved September twenty-eighth, 
eighteen hundred and fifty, and shall receive lands for their services 
according to the provisions of said act, upon proof of length of service 
as therein required ; and that the last proviso of the ninth section of 
the act of eleventh of February, eighteen hundred and forty-seven, be 
and the same is hereby repealed : Provided, That nothing herein con- 
tained shall authorize bounty land to those who have heretofore received 
or become entitled to the same. 

Sec. 5. And be it further enacted, That where any company, battalion, 

or regiment, in an organized form, naarched more than twenty miles to 

the x>lace where they were mustered into the service of the United 

States, or were discharged more than twenty miles from the place where 

2bl 



18 

such company, battalion, or regiment was organized; in all such cases, 
in computing the length of service of the officers and soldiers of any 
such company, battalion, or regiment, with a view to determine the 
quantity of land any officer or soldier is entitled to under said act, ap- 
proved 28th of September, 1850, there shall be allowed one day for every 
twenty miles from the place where the company, battalion, or regiment 
was organized, to the place where the same was mustered into the ser- 
vice of the United States; and also one day for every twenty miles from 
the place where such company, battalion, or regiment was discharged, 
to the place where it was organized, and from whence it marched to 
enter the service. 

Approved March 22, 1852. 



Act of March 3, 1855. grants bounty land to certain persons who have served fourteen 
days or been in battle, and to their Avidows and children. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That each of the surviving 
commissioned and non-commissioned officers, musicians, and privates, 
whether of regulars, volunteers, rangers, or militia, who were regularly 
mustered into the service of the United States, and every officer, com- 
missioned or non-commissioned, seaman, ordinary seaman, flotilla man, 
marine, clerk, and landsman in the navy, in any of the Avars in which 
this country has been engaged since seventeen hundred and ninety, and 
each of the survivors of the militia, or volunteers, or State troops of any 
State or Territory, called into military service, and regularly mustered 
therein, and whose services have been paid by the United States, shall 
be entitled to receive a certificate or warrant from the Department of 
the Interior for one hundred and sixty acres of land ; and where any of 
those who have been so mustered into service and paid shall have re- 
ceived a certificate or warrant, he shall be entitled to a certificate or 
warrant for such quantity of land as will make, in the whole, with what 
he may have heretofore received, one hundred and sixty acres to each 
such person having served as aforesaid : Provided, The person so hav- 
ing been in service shall not receive said land warrant if it shall appear 
by the muster-rolls of his regiment or corps that he deserted, or was dis- 
honorably discharged from service : Provided further, That the benefits 
of this section shall be held to extend to wagonmasters and teamsters 
who may have been employed under the direction of competent author- 
ity, in time of war, in the transportation of military stores and supplies. 

Sec. 2. And be it further enacted, That, in case of the death of any 
person who, if living, would be entitled to a certificate or warrant, as 
aforesaid, under this act, leaving a widow, or, if no widow, a minor 
child or children, such widow, or if no widow, such minor child or chil- 
dren, shall be entitled to receive a certificate or warrant for the same 
quantity of land that such deceased person would be entitled to receive 



19 

under the provisions of this act if now living : Provided, That a subse- 
quent marriage shall not impair the right of any such widow to such 
warrant, if she be a widow at the time of making her application : And 
provided further, That those shall be considered minors who are so at 
the time this act shall take effect. 

Sec. 3. And be it further enacted, That in no case shall any such cer- 
tificate or warrant be issued for any service less than fourteen days, ex- 
cept where the person shall actually have been engaged in battle, and 
unless the party claiming such certificate or warrant shall establish his 
or her right thereto by record evidence of said service. 

Sec. 1. And be it further enacted, That said certificates or warrants 
may be assigned, transferred, and located by the warrantees, their as- 
signees, or their heirs-at-law, according to the provisions of existing laws 
regulating the assignment, transfer, and location of bounty -land war- 
rants. 

Sec. 5. And be it further enacted, That no warrant issued under the 
provisions of this act shall be located on any public lands except such 
as shall at the time be subject to sale at either the minimum or lower 
graduated prices. 

Sec. 6. And be it further enacted, That the registers and receivers of 
the several land offices shall be severally authorized to charge and re- 
ceive for their services, in locating all warrants under the provisions of 
this act, the same compensation or percentage to which they are enti- 
tled by law for sales of the public lands, for cash, at the rate of one 
dollar and twenty-five cents per acre; the said compensation to be paid 
by the assignees or holders of such warrants. 

Sec. 7. And be it further enacted, That the provisions of this act, and 
all the bounty-land laws heretofore passed by Congress, shall be ex- 
tended to Indians, in the same manner and to the same extent as if the 
said Indians had been white men. 

Sec. 8. And be it further enacted, That the officers and soldiers of the 
revolutionary war, or their widows or minor children, shall be entitled 
to the benefits of this act. 

Sec. 9. And be it further enacted, That the benefits of this act shall be 
applied to and embrace those who served as volunteers at the invasion 
of Plattsburg, in September, eighteen hundred and fourteen ; also at the 
battle of Kings Mountain, in the revolutionary war, and the battle of 
Xickojack, against the confederated savages of the South. 

Sec. 10. And be it further enacted, That the provisions of this act shall 
a PPty to the chaplains who served with the army in the several wars of 
the country. 

Sec. 11. And be it further enacted, That the provisions of this act be 
applied to those who served as volunteers at the attack on Lewistown, 
in Delaware, by the British fleet, in the war of eighteen hundred and 
twelve — fifteen. 

Approved March 3, 1855. 



20 

Act of May 14, 1856, admits parol evidence where record evidence does not exist ; ex- 
tends provisions of act of March 3, 1855, to naval officers of the Eevolntion, and to 
their widows and minor children, and to volunteers who served (subject to military 
orders) for fourteen days, and to their widows and minor children ; and allows, in 
estimate of time of service, one day for twenty miles travel between home and place 
of muster or discharge, provided said march was under certain orders. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in all cases where a cer- 
tificate or warrant for bounty land for any less quantity than one hun- 
dred and sixty acres shall have been issued to any officer or soldier, or 
to. the widow or minor child or children of any officer or soldier, under 
existing laws, the evidence upon which such certificate or warrant was is- 
sued shall be received to establish the service of such officer or soldier, in 
the application of himself, or of his widow or minor child or children, for 
a certificate or warrant for so much land as may be required to make up 
the full sum of one hundred and sixty acres, on proof of the identity of 
such officer or soldier, or in case of his death, of the marriage and iden- 
tity of his widow, or, in case of her death, of the identity of his minor 
child or children : Provided, nevertheless, That if upon a review of such 
evidence the Commissioner of Pensions shall not be satisfied that the 
former certificate or warrant was properly granted, he may require ad- 
ditional evidence as well of the term as of the fact of service. 

Sec. 2. And be it further enacted. That in all cases where a pension 
has been granted to any officer or soldier, the evidence upon which such 
pension was granted shall be received to establish the service of such 
officer or soldier in his application for bounty land under existing laws ; 
and upon proof of his identity as such j>ensioner, a certificate or warrant 
may be issued to him for the quantity of land to which he shall be enti- 
tled; and in case of the death of such pensioned officer or soldier, his 
widow shall be entitled to a certificate or warrant for the same quantity 
of land to which her husband would have been entitled if living, upon 
proof that she is such widow; and in case of the death of such officer 
or soldier, leaving a minor child or children and no widow, or where the 
widow may have deceased before the issuing of any certificate or war- 
rant, such minor child or children shall be entitled to a certificate or 
warrant for the same quantity of land as the father would have been 
entitled to receive if living, upon proof of the decease of father and 
mother: Provided, nevertheless, That if upon a review of such evidence 
the Commissioner of Pensions shall not be satisfied that the pension 
Avas properly granted, he may require additional evidence as well of the 
term as of the fact of service. 

Sec. 3. And be it further enacted, That so much of the third section 
of the "Act in addition to certain acts granting bounty land to certain 
officers and soldiers who have been engaged in the military service of 
the United States, 7, approved March third, eighteen hundred and fifty- 
five, as requires the party claiming a certificate or warrant under the 
provisions of said act to establish his or her right thereto by record 
vidence of the service for which such certificate or warrant has been 



21 

or may be claimed, be, and the same is hereby, repealed, and parol evi- 
dence, where no record evidence exists, may be admitted to prove the 
service performed, under such rules and regulations as the Commis- 
sioner of Pensions may prescribe. 

Sec. 4. And be it further enacted. That the eighth section of the act 
above mentioned, approved the third day of March, in the year eighteen 
hundred and fifty-five, shall be construed as embracing officers, marines, 
seamen, and other persons engaged in the naval service of the United 
States during the revolutionary war, and the widows and minor children 
of all such officers, marines, seamen, and other persons engaged as 
aforesaid. 

Sec. 5. And be it further enacted. That the provisions of the said act 
shall extend to all persons who have served as volunteers with the 
armed forces of the United States, subject to military orders, for the 
space of fourteen days, in any of the wars specified in the first section 
of the said act, whether such persons were or were not mustered into 
the service of the United States. 

Sec. 6. And be it further enacted, That the widows and minor children 
of all such persons as are specified in the last preceding section of this 
act, and are now dead, shall be entitled to the same privileges as the 
widows and minor children of the beneficiaries named in the act to 
which this is an amendment. 

Sec. 7. And be it further enacted. That when any company, battalion, 
or regiment, in an organized form, marched more than twenty miles to 
the place where they were mustered into the service of the United 
States, or were discharged more than twenty miles from the place where 
such company, battalion, or regiment was organized — in all such cases, 
in computing the, length of service of the officers and soldiers of any 
such company, battalion, or regiment, there shall be allowed one day 
for every twenty miles from the place where the company, battalion, or 
regiment was organized to the place where the same was mustered into 
the service of the United States ; and also one day for every twenty 
miles from the place where such company, battalion, or regiment was 
discharged to the place where it was organized, and from whence it 
marched to enter the service : Provided, That such march was in obe- 
dience to the command or direction of the President of the United 
States, or some general officer of the United States commanding an 
army or department, or the chief executive officer of the State or Terri- 
tory by which such company, battalion, or regiment was called into 
service. 

Approved May 14, 1856. 



Act of June 3, 1856, declares warrants issued after death of warrantee to be personal 
chattels, and vests the title thereto in the widow, or heirs, or legatees. 

Be it enacted by the Senate and Souse of Representatives of the United 
States of America in Congress assembled, That when proof has been, 



22 

or shall hereafter be, filed in the Pension Office during the lifetime 
of a claimant, establishing, to the satisfaction of that office, his or her 
right to a warrant for military services, and such warrant has not been, 
or may not hereafter be, issued until after the death of the claimant, 
and all such warrants as have been heretofore issued subsequent to the 
death of the claimant, the title to such warrants shall vest in the widow, 
if there be one, and if there be no widow, then in the heirs or legatees 
of the claimant; and all such warrants, and all other warrants issued 
pursuant to existing laws, shall be treated as personal chattels, and may 
be conveyed by assignment of such widow, heirs, or legatees, or by the 
legal representatives of the deceased claimant, for the use of such heirs 
or legatees only. 

Sec. 2. And be it further enacted, That the provisions of the first sec- 
tion of the act approved March twenty-two, eighteen hundred and fifty- 
two, to make land warrants assignable, and for other purposes, shall be 
so extended as to embrace land warrants issued under the act of the 
third March, eighteen hundred and fifty -five. 

Approved Jane 3, 185S. 



Act of June 23, 1860. authorizes the reissue of laud warrants in certain eases. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That whenever it shall appear 
that any certificate or warrant, issued in pursuance of any law of the 
United States granting bounty land, has been lost or destroyed, whether 
the same had been sold and assigned by the warrantee or not, the Sec- 
retary of the Interior shall be, and he is hereby, authorized and required 
to cause a new certificate or warrant of like tenor to be issued in lieu 
thereof; which new certificate or warrant may be assigned, located, and 
patented, in like manner as other certificates or warrants for bounty 
land are now authorized by law to be assigned, located, and patented j 
and in all cases where warrants have been or may be reissued, the orig- 
inal warrant, in whosever hands it may be, shall be deemed and held 
to be null and void, and the assignment thereof, if any there be, fraud- 
ulent; and no patent shall ever issue for any land located therewith, 
unless such presumption of fraud in the assignment be removed by due 
proof that the same was executed by the warrantee in good faith and 
for a valuable consideration. 

Sec. 2. And be it further enacted, That the said Secretary of the In- 
terior shall be. and he is hereby, authorized and required to prescribe 
such rules and regulations for carrying this act into effect as he may 
deem necessary and proper in order to protect the Government against 
imposition and fraud by persons claiming the benefit of this act ; and 
all laws and parts of laws for the punishment of false swearing and 
frauds against the United States are hereby made applicable to false 
swearing and fraud under this act. 

Approved June 23, 1860. 



23 

AX ACT explanatory of the act entitled "An act declaring the title to land warrants in. 
certain cases," approved March 3, 1869. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the act entitled "An act 
declaring the title to land warrants in certain cases," approved June 
third, eighteen hundred and fifty-eight, he so construed and applied as 
to authorize the legal representatives of deceased claimants whose claims 
were filed prior to their decease to file the proof necessary to perfect 
the same. 

Approved March 3, 1869. 



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